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Insurer Disaster Response Protocols Established During Sandy Become Permanent

by: Goldberg Segalla LLP - Buffalo Office

November 20, 2013

Previously published on November 19, 2013

In late October, the New York State Department of Financial Services (NYDFS) announced the creation of a new Emergency Disaster Protocol (EDP) for insurers during natural disasters and other severe weather activity. The EDP is largely based off of protocols and measures adopted in the wake of Superstorm Sandy.

In a circular letter to insurers, the NYDFS outlined measures the Superintendent can adopt during a natural disaster. These measures include:

Expedited claims processing procedures

Emergency licensing of new claims adjusters

A moratorium on policy termination or suspension

Voluntary mediation of disputed claims

Claims data reporting

Any response can be tailored to fit the particular circumstances. Insurers are advised to retain and maintain any in-house procedures adopted during Sandy for future reference.

The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.